The EU Court of Justice on the ‘relevant public’ in trademark genericisation
The EU Court of Justice (ECJ), with its decision of 6 March 2014 (Case C-409/12), shed new light on the issue of trademark genericisation by drawing the boundaries of the concept of ‘relevant public’ and by clarifying the relevance of the ‘inactivity’ of the trademark holder.
The case at issue regarded the alleged vulgarisation of the trademark ‘Kornspitz’, registered by an Austrian company for a particular kind of cereal flour and for bakery products.
According to a competitor of the trademark owner, due to the large-scale use of the ‘Kornspitz’ products among bakers in Austria, the term has become a generic designation for a characteristic bread roll, well known among consumers, thus exposing the trademark to revocation under Austrian law for loss of distinctive character…
Click on the link below to read the rest of the NCTM briefing.
News from NCTM
News from The Lawyer
Briefings from NCTM
Advocate-general Pedro Cruz Villalón of the European Court of Justice has ruled on the nature and meaning of the concept of parody.
EU Court of Justice rules against referral to pre-determined percentages relating to the degree of recognition of the mark
The EU Court of Justice recently had the opportunity to clarify a set of crucial issues regarding the distinctive character of colour marks.
Analysis from The Lawyer
Being sent to London on secondment is a prized opportunity for associates in European firms